Debt Collection advice allied int

[pink22]

Good Morning!

 

Don't worry too much about the letters that are being received by your parents. They are just standard letters that are designed to intimidate and press you into paying or contacting them or even acknowledging the debt. And those threats can not be carried out without going through a court first of all.

 

One quick question, did you send the CCA request to AIC via recorded delivery and including the £1 postal order?

 

MM

 

Hi MM

 

Thanks yes we sent it to AIC recorded and with a postal order.

 

Think the date was 27/02/07 dont know for exact without checking but the 12 days are up and since we sent it american express have sent random letters about terms and conditions and changes to something but we have had no acknowledgment of the letter at all, all the calls he was making stopped as "Andrew" did call frequently (mom and Dad dont answer the phone at all just keep doing 1471.

 

then this solicitors letter saying they will take us to Wakefield court which must be near the solicitor as it is no where near us.

 

They are just so unreasonable, i am just worried about my Mom she is worried someone will come round the house I am trying to reassure her but want to make sure I am doing the right thing.

 

Thanks:)

[MinnieMouser]

Hmmm, so what exactly does the solicitor's letter say? Have you received any documents direct from a court?

 

MM

[pink22]

Letter says

 

We have been instructed by Allied Int credit acting on behalf of american express to issue legal proceedings against you in Wakefield county court for recovery of the full amount outstanding above, together with statutory intrest and additional costs. if you wish to avoid court action then you must either pay the full amount within 7 days or alternativley contact AIC direct on 0141 228 3062 to discuss payment

 

there will be no further warning

 

Upon judgement enforcement action will taken against you whereby the following methods of liyigation will be considered.

• Attachment order on your salary
  
• warrant ofexecution by baliff instructed to seize goods from your propperty
  
• charging order or bankruptcy

please note all correspondence should sent to AIC

 

What shall I do??

 

Help

[ODC]

They havent complied with your CCA request. They are in default. In their letter which is an industry standard threat the seem to assume that if it went to court they would automatically get a judgement against you. They havent even proved the debt yet.

 

More exper opinion will be on here later. But above all things DO NOT RING AIC

[MinnieMouser]

ODC is right - standard letter, do not ring them and certainly don't acknowledge the debt to them.

 

You could write to them saying that you are still waiting for documents requested under your previous letter dated blah blah and therefore that this debt is still in dispute (no need to mention CCA). You can also draw their attention to OFT guidelines governing debt collection and, subsequently, unfair business practices - namely, not ceasing collection activity whilst investigating a reasonably queried or disputed debt. And, therefore, request that they cease and desist collection activities with immediate effect.

 

If you do decide to send it, make sure it's recorded and keep a copy for your records. It all helps build a case against them and will allow you to make complaints to the OFT & trading standards etc.

 

Does anyone else have any suggestions?

 

MM

[pink22]

Hi everyone,

 

I am going to write to AIC today I will post on here for second opinion if that is OK

 

Also Mercers have called my mom 6 times this morning and a red letter has come saying we have 48 hours to respond to the letter (detailed on this thread) I have done an SAR to barclaycard so should I write to Mercers too to say i have done this??

 

Any help greatly appreciated

 

Thanks

[pink22]

Hi

 

Can someone have a look at these letters for me to Mercers and AIC.

 

Mercers have sent a 48 hour notice today its says despite all previous communications we have ignored their demands.

 

We will now pass your acc to a debt collections firm in your local area and local representative may call at your address !!!!! what

 

Allied International Credit

Anderston House

389 Argyle Street

Glasgow

G2 8LR

 

Dear Sir/Madam

 

Re:− Account/Reference Number ***************

As per your recent correspondence via your solicitor I have previously asked you to write to me regarding this account.

As per my letter dated 20th February 2007 I am still waiting for the documents requested and therefore this debt is still in dispute.

I therefore, request that you cease and desist collection activities with immediate effect.

Mercers

PO Box No 55

Liverpool

L32 8XX

Account Numbers

*****************

*****************

 

Dear Sirs,

Without Prejudice

 

With regards to you letters and recent phone call I have requested a complete list of transactions and charges relating to my banking history with my Barclaycard Accounts.

This letter was posted by recorded delivery 21/03/2007 in which they have 40 Days to reply, I therefore request that you stop any action at this time until I receive this information.

Yours faithfully

 

 

what do you think ????

 

[pink22]

Hi

 

Can someone have a look at these letters for me to Mercers and AIC.

 

Mercers have sent a 48 hour notice today its says despite all previous communications we have ignored their demands.

 

We will now pass your acc to a debt collections firm in your local area and local representative may call at your address !!!!! what

 

Allied International Credit

Anderston House

389 Argyle Street

Glasgow

G2 8LR

 

Dear Sir/Madam

 

Re:− Account/Reference Number ***************

 

As per your recent correspondence via your solicitor I have previously asked you to write to me regarding this account.

 

As per my letter dated 20th February 2007 I am still waiting for the documents requested and therefore this debt is still in dispute.

 

I therefore, request that you cease and desist collection activities with immediate effect.

 

 

 

Mercers

PO Box No 55

Liverpool

L32 8XX

 

 

Account Numbers

 

*****************

*****************

 

Dear Sirs,

 

Without Prejudice

 

 

With regards to you letters and recent phone call I have requested a complete list of transactions and charges relating to my banking history with my Barclaycard Accounts.

 

This letter was posted by recorded delivery 21/03/2007 in which they have 40 Days to reply, I therefore request that you stop any action at this time until I receive this information.

 

 

 

Yours faithfully

 

 

what do you think ????

[MinnieMouser]

Hi

 

Can someone have a look at these letters for me to Mercers and AIC.

 

Mercers have sent a 48 hour notice today its says despite all previous communications we have ignored their demands.

 

We will now pass your acc to a debt collections firm in your local area and local representative may call at your address !!!!! what

 

Allied International Credit

Anderston House

389 Argyle Street

Glasgow

G2 8LR

 

Dear Sir/Madam

 

Re:− Account/Reference Number ***************

 

As per your recent correspondence via your solicitor, insert name if there's one, I have previously asked you to write to me regarding this account. Despite my previous communication, which you have failed to acknowledge, you have ignored my lawful request for documentation supporting the alleged debt.

 

As per my letter dated 20th February 2007 I am still waiting for the documents requested and, therefore, the alleged debt remains in dispute.

 

Furthermore, I would also like to draw your attention to OFT guidelines governing debt collection and, subsequently, unfair business practices - namely, not ceasing collection activity whilst investigating a reasonably queried or disputed debt. I therefore, request that you cease and desist collection activities with immediate effect.

Should you take legal action in respect of this matter I reserve the right to show a copy of this letter and all related correspondence to the District Judge.

 

 

 

Mercers

PO Box No 55

Liverpool

L32 8XX

 

 

Account Numbers

 

*****************

*****************

 

Dear Sirs,

 

Without Prejudice (take this bit out)

 

 

With regards to you letters and recent phone call I have requested a complete list of transactions and charges relating to my banking history with my Barclaycard Accounts.

 

This letter was posted by recorded delivery 21/03/2007 in which they have 40 Days to reply, I therefore request that you stop any action at this time until I receive this information.

 

 

 

Yours faithfully

 

 

what do you think ????

 

Hi Pink,

 

Made a few changes. But I'm sure there will be some other comments/suggestions in a while. So wait and see what they suggest too.

You can also add the OFT guidelines bit into your second letter if you wish...

 

MM

[pink22]

thanks

 

OK think I am going to go ahead and send them i will do them both recorded as well.

 

Do you think this is the right thing to do???

 

I will get them out first thing tomorrow

[MinnieMouser]

Hiya,

 

Well, I would do it myself. But a lot of this is trial and error, oh and of course brinkmanship in a way. It helps to develop a case against them in more than one area. Keep a log of everything they do, every phone call, every letter etc. If they keep phoning, fire off one of the harassment letters to them too.

 

All these things will enable you to involve other bodies, like Trading Standards, the OFT...even Ofcom if they keep phoning. Make formal complaints & keep it all in your defence file.

 

But, at the end of the day, you have to do what feels right for you - and based upon the experiences here & advice from the CAB or even a solicitor if necessary.

[pink22]

Thanks MM

 

I just want to try and help my Dad out of this mess

 

Thanks for all the advise my mom is going to send those two letters off recorded delivery along with a few others.

 

It is really helpful knowing all you guys are there to offer a bit of help and support

 

Thanks everyone

[gizmo111]

For the solicitors

 

Dear Sir/Madam

Ref;

I enclose a copy of the letter that I sent to your client on 21st August 2006. As you will be aware this debt is in dispute and unproven, your client is in default on this matter and until they reply with copies of the requested documentation, this debt is unenforceable.

I therefore suggest that you liase with your clients before you send me any further demands for money.

For the DCA

Dear Sir/Madam

Your Ref; xxxxxxxxx

I do not acknowledge any debt to you or your client.

 

Please be advised that I have contacted your client directly and requested further information under the legislation contained within s.78(1) Consumer Credit Act 1974 (S.77 (1) for fixed sum credit).

 

To this end I would like you to note that I will not enter into any further communications with your company on this matter, unless and until my request is actioned.

 

I also wish to make it absolutely clear that personal callers will be viewed as trespassers, and action will be taken, including but not limited to, Police attendance

[ODC]

For the solicitors

 

Dear Sir/Madam

 

Ref;

 

I enclose a copy of the letter that I sent to your client on 21st August 2006. As you will be aware this debt is in dispute and unproven, your client is in default on this matter and until they reply with copies of the requested documentation, this debt is unenforceable.

 

I therefore suggest that you liase with your clients before you send me any further demands for money.

 

For the DCA

 

Dear Sir/Madam

 

Your Ref; xxxxxxxxx

 

I do not acknowledge any debt to you or your client.

 

Please be advised that I have contacted your client directly and requested further information under the legislation contained within s.78(1) Consumer Credit Act 1974 (S.77 (1) for fixed sum credit).

 

To this end I would like you to note that I will not enter into any further communications with your company on this matter, unless and until my request is actioned.

 

I also wish to make it absolutely clear that personal callers will be viewed as trespassers, and action will be taken, including but not limited to, Police attendance

That should leave them in absolutely NO DOUBT. Excellent reply.

[loulou78]

Hi Pink22

I too have had dealings with Allied and they are agressive. I tried to set up a payment plan with them and they then told me that it had gone pasted that point adn that i should take out a loan to pay my debt off. After hundreds of phone calls which i ignored. I got a really scary letter from them saying that they would visit me at my home or my work. I then sent aletter back to them saying that no way would they get access to my home or my work. After a few months they stopped suddenly and the debt was passed on to Newmans and Co. They are ok (ish) and did offer a repayment plan.

 

Good luck.

[pink22]

Thanks to you all

 

I will keep you posted with what happens x:)

[pink22]

Hi everyone,

 

I have had a strange letter this morning from AIC

 

Further to our recent telephone conversation we can confirm that subject to your full remittance of £1,366.77 on or before 15 April 2007, neither we nor our client will pursue you any further in regards to the above amount.

 

Blah blah

 

thing is what recent telephone coversation. I made the mistake of calling them back once and i advised I had put a letter in the post offering £1000 as full and final settlement but that was about 2 months ago?

 

what is this all about can anyone advise?

 

I would like to clear this debt but the balance they refer to has £300 added by them so they are knocking £300 of the proper balance

 

what do you think?

[ODC]

Hi everyone,

 

I have had a strange letter this morning from AIC

 

Further to our recent telephone conversation we can confirm that subject to your full remittance of £1,366.77 on or before 15 April 2007, neither we nor our client will pursue you any further in regards to the above amount.

 

Blah blah

 

thing is what recent telephone coversation. I made the mistake of calling them back once and i advised I had put a letter in the post offering £1000 as full and final settlement but that was about 2 months ago?

 

what is this all about can anyone advise?

 

I would like to clear this debt but the balance they refer to has £300 added by them so they are knocking £300 of the proper balance

 

what do you think?

 

Have they ever actually proved that legally you owe them anything or indeed that they have the legal right to demand it.

[pink22]

Well they are chasing my dads amercian express account and are in default of the CCS request, I dont have a problem paying them but I dont want to pay the £300 they had added and this offer deducts that.

 

Have they sent this because they cannot find the agreement?

[ODC]

Well they are chasing my dads amercian express account and are in default of the CCS request, I dont have a problem paying them but I dont want to pay the £300 they had added and this offer deducts that.

 

Have they sent this because they cannot find the agreement?

Quite probably. If they cannot produce the agreement and have defaulted (i.e 12+2) then you dont have to pay unless they get a court order. After a further calendar month they will have committed a Criminal Offence.

 

Realise that these folk probably only pay about 10% of the value of the debt.

 

If you really want to pay them an offer of 15 - 20% would be more than enough for full and final settlement. Someone more expert than I will give you a hand to draft a suitable letter to this effect.

 

The ball is at your toe. If they cant prove the debt then they cannot take it to court

[pink22]

Thanks, I will try that then.

 

I will have a go at a letter and post it on here for some advise.

 

Thanks

[ODC]

You have nothing to lose. Anything they make over and above the pittance they paid to buy this debt is a profit for them.

[pink22]

Hi,

 

Can you have a look see what you think of this.

 

At least this will be another one off our backs if they could agree to this.

 

Dear Sir

 

As per your recent correspondence I do not recall any conversation as stated.

If you are willing to accept an offer of full and final settlement I am able to offer as previously stated £1000.

This offer is made on the clear understanding that, if accepted neither you nor American express your client or any associate company will take any other action to enforce or pursue this debt in any way whatsoever and that my Father will be released from any liability.

I also request that, if accepted, you will make and entry on a credit reference agency file relating to the above account as “satisfied” in full.

Payment can be made upon receipt your written agreement of this offer.

I look forward to receiving your reply.

[ODC]

Hi,

 

Can you have a look see what you think of this.

 

At least this will be another one off our backs if they could agree to this.

 

Dear Sir

 

As per your recent correspondence I do not recall any conversation as stated.

 

If you are willing to accept an offer of full and final settlement I am able to offer as previously stated £1000.

 

This offer is made on the clear understanding that, if accepted neither you nor American express your client or any associate company will take any other action to enforce or pursue this debt in any way whatsoever and that my Father will be released from any liability.

 

I also request that, if accepted, you will make and entry on a credit reference agency file relating to the above account as “satisfied” in full.

 

Payment can be made upon receipt your written agreement of this offer.

 

I look forward to receiving your reply.

You are offering FAR too much. If they think you can pay 1000 they will ask for more.

 

Offer no more than 200 or better still as they cannot prove the debt tell them to take a hike

[alexskord]

why nobody keeps us updated. I ve got the same thing happening with allied and amex and everyone thinks that there are loads of threads around this and I had a good look around but there is not a full case that I can understand what is happenng and how the case is progressing:sad: